Workplace notecards directly from SHRM Flashcards
U.S. act that defines what is included as hours worked and is therefore compensable and a factor in calculating overtime
Portal-to-portal act
Portal-to-portal act
In particular, the Portal-to-Portal Act provides that employers are not required to pay for the time employees spend on activities occurring before or after (“preliminary or postliminary”) they perform the principal activities for which they are employed. For example, compensable working time generally does not include time spent:
Traveling to or from work.
Engaged in incidental activities before or after work.
The Portal-to-Portal Act also amended the FLSA by establishing:
A two-year statute of limitations for violations of the FLSA and a three-year limitations period for willful violations.
A good faith defense.
Portal-to-portal act
U.S. court ruling that distinguished between supervisor harassment that results in tangible employment action and supervisor harassment that does not.
Burlington Industries, INC. V. Ellerth
U.S. act that provides employees with up to 12 weeks of unpaid leave to care for family members or because of a serious health condition of the employee
Family and Medical leave act (FMLA)
U.S. act that frees employers who use third parties to conduct workplace investigations from the consent and disclosure requirements of the Fair Credit Reporting Act in certain cases
Fair and Accurate Credit Transactions Act (FACT ACT)
Characteristic of an organization with a strong global image but an equally strong local identity
Gloalization
U.S. act that establishes minimum wage, overtime pay, youth employment, and record-keeping standards affecting full-time and part-time workers in the private sector and in federal, state, and local governments
Fair Labor Standards Act (FLSA)
System of rules and processes set up by an organization to ensure its compliance with local and international laws, accounting rules, ethical norms, internal codes of conduct, and other standards.
Governance
Type of liability insurance covering an organization against claims by employees, former employees, and employment candidates alleging that their legal rights in the employment relationship have been violated
Employment Practices liability insurance (EPLI)
Sexual, romantic, or emotional/spiritual attraction that one feels for persons of the opposite sex or gender, the same sex or gender, or both sexes and more than one gender
sexual orientation
A proposal presented to a legislative body for possible enactment as a statute
Bill
Extent to which each person in an organization feels welcomed, respected, supported, and valued as a team member
Inclusion
Principle that organizations should take all steps that are reasonably possible to ensure the health, safety, and well-being of employees and protect them from foreseeable injury
Duty of care
Organization that owns or controls production or services facilities in one or more countries other than the home country
Multinational Enterprise (MNE)
Metrics that provide an early signal of increasing risk exposures for an enterprise
Key risk indicators (KRIS)
Individuals who exchange work for wages or salary; in the U.S., workers who are covered by Fair Labor Act regulations as determined by the IRS
Employees
System for identifying, evaluating, and controlling actual and potential risks to an organization, and which typically incorporate mitigation and/or response strategies, including the use of insurance
Risk Management
Refers to the socially constructed system that associates masculinity or femininity with certain roles, behaviors, activities, and attributes
Gender
Modification of the U.S. Constitution or a U.S. law
Amendment
U.S. act that amended Title VII and gave the Equal Employment Opportunity Commission authority to implement its administrative findings and conduct its own enforcement litigation
Equal Employment Opportunity Act
U.S. acts that expanded FMLA leave for employees with family members who are covered members of the military
National Defense Authorization Acts (NDAA)
An organization’s desired gain or acceptable loss in value
Risk Position
Expected monetary loss for an asset due to a risk over a one-year period; calculated by multiplying single loss expectancy by annualized rate of occurence
Annualized Loss Expectancy (ALE)
Relocation of business processes or production to a lower-cost location inside the same country as the business
Onshoring
Refers to the country (including those that no longer exist) of one’s birth or of one’s ancestors’ birth
National Origin
Method by which an organization relocates its processes or production to an international location through subsidiaries or third-party affiliates
Offshoring
U.S. Supreme Court Ruling that Patient Protection and Affordable Care Act requirement that individuals purchase health insurance was constitutional but requirements that states expand medicaid was not.
National Federation of Independent Business V. Sebelius
Process by which employees returning from international assignments reintegrate into their home country’s culture, conditions, and employment
Repatriation
U.S. act that requires that all publicly held companies establish internal controls and procedures for financial reporting to reduce the possibility of corporate fraud
Sarbanes-Oxley Act (SOX)
Type of discrimination that results when a neutral policy has a discriminatory effect; also known as disparate impact.
Adverse impact
Type of discrimination that results when a neutral policy has a discriminatory effect; also known as adverse impact.
Disparate impact
Concept that a corporation has an impact on the lives of its stakeholders and the environment, encompassing such areas as corporate governance, philanthropy, sustainability, employee rights, social change, volunteerism, corporate-sponsored community programs, and workplace safety.
Corporate Social Responsibility (CSR)
Process by which a retirement benefit becomes nonforfeitable
Vesting
Employees who work outside their home countries
Assignees
U.S. act that prohibits discrimination against a qualified individual with a disability because of his/her disability
Americans with Disabilities Act (ADA)
Extent to which underlying operations such as IT, finance, or HR integrate across locations
Process Alignment
Practice of contracting a part of business processes or production to an external company in a country that is relatively close (e.g., within the same own region)
Near-Shoring
Differences in people’s characteristics (Such as socioeconomic status, beliefs, personality, thought processes, work style, race, age, ethnicity, gender, religion, education, job function, etc.)
Diversity
U.S. act that prohibits discrimination against job applicants on the basis of national origin or citizenship and establishes penalties for hiring undocumented workers
Immigration Reform and Control Act (IRCA)
First Comprehensive U.S. law making it unlawful to discriminate on the basis of race, color, religion, sex, or national origin
Civil Rights Act of 1964
Innovations created for or by emerging-economy markets and then imported to developed-economy markets
Reverse Innovation
U.S. act that prohibits discrimination in the workplace on the basis of age
Age Discrimination in Employment Act (ADEA)
Union employees right in the U.S. to have a union representative or coworker present during an investigatory.
Weingarten Rights
Refers to one’s internal, personal sense of being a man or a woman (or boy or girl), which may or may not be the same as one’s sexual assignment at birth.
Gender Identity
Statement in U.S. Occupational Safety and Health Act that requires employers subject to OSHA to provide employees with a safe and healthy work environment
General Duty Clause
Practice of purchasing and using resources wisely by balancing economic, social, and environmental concerns, with the goal of securing the interests of present and future generations
Sustainability
U.S. act that expands the possible damage awards available to victims of intentional discrimination to include compensatory and punitive damages; gives plaintiffs in cases of alleged discrimination the right to a jury trial.
Civil Rights Act of 1991
Situation in which one party engages in risky behavior knowing that it is protected against the risk because another party will incur any resulting loss.
Moral Hazard
Employees who are excluded from U.S. Fair Labor Standards Act minimum wage and overtime pay requirements
Exempt
Medical condition or disorder, other than one resulting from an occupational injury, caused by exposure to environmental factors associated with employment
Occupational Illness
Action of rejecting a bill or statue
Veto
Time allowed for the public to express its views and concerns regarding an action of an administrative agency
Public Comment Period
Required for nonexempt workers under U.S. Fair Labor Standards Act at 1.5 times the regular rate of pay for hours over 40 in a workweek.
Overtime Pay
Potential harm, often associated with a condition or activity that, if left uncontrolled, can result in injury or damage to persons or property
hazard
Rule or order issued by an administrative agency of government, which usually has the force of law.
Regulation
Situation in which an agent (E.g., an employee) makes decisions for a principal (E.v., an employer) potentially on the basis of personal incentives that may not be aligned with the principal’s incentives.
Principal-Agent Problem
Employees covered under U.S. Fair Labor Standards Act regulations, including minimum wage and overtime pay requirements
Nonexempt employees
U.S. act that imposed regulations on internal union affairs and the relationship between union officials and union members
Labor-Management Reporting and Disclosure Act (LMRDA)
An action taken to manage a risk
Risk Control
Amendments to U.S. Americans with Disabilities Act covering the definition of individuals regarded as having a disability, mitigating measures, and other rules of construction to guide the analysis of what constitutes a disability
ADA Amendments Act (ADAAA)
People who are covered under a particular federal or state antidiscrimination law
Protected class
Type of sexual harassment that occurs when an employee is forced to choose between giving in to a superior’s sexual demands and forfeiting an economic benefit such as a pay increase, a promotion, or continued employment
Quid Pro Quo Harassment
2007 case in which the U.S. Supreme Court ruled that claims of sex discrimination in pay under Title VII were not timely because discrimination charges were not filed with the EEOC within the required 180-day time frame
Ledbetter v. goodyear tire & rubber co.
U.S. court ruling that distinguished between supervisor harassment that results in tangible employment action and supervisor harassment that does not.
Faragher v. city of boca raton
State of being in accordance with all national, federal, regional, and/or local laws, regulations, and/or other government authorities and requirements applicable to the places in which an organization operates
Compliance
U.S. act that prohibits discrimination on the basis of pregnancy, childbirth, or related medical conditions
Pregnancy Discrimination Act
U.S. act that imposed several restrictions and requirements on unions
Labor-Management Relations Act (LMRA)
Expected monetary loss every time a risk occurs; calculated by multiplying asset value by exposure factor.
Single Loss Expectancy (SLE)
Concept that jobs filled primarily by women that require skills, effort, responsibility, and working conditions comparable to similar jobs filled primarily by men should have the same classifications and salaries
Comparable Worth
Voluntary group for employees who share a particular diversity dimension (race, religion, ethnicity, sexual orientation, etc.); also known as affinity group or network group
Employee Resource Group (ERG)
Amount of uncertainty an organization is willing to pursue or to accept to attain its risk management goals.
Risk Tolerance
Classification of people as male or female
Sex
U.S. act that prohibits wage discrimination by requiring equal pay for equal or “substantially equal” work
Equal Pay Act (EPA)
U.S. act that established the first national policy for safety and health and continues to deliver standards that employers must meet to guarantee the health and safety of their employees
Occupational Safety and Health (OSH) Act
2010 U.S. law that requires virtually all citizens and legal residents to have minimum health coverage and requires employers with more than 50 full-time employees to provide health coverage that meets minimum benefit specifications or pay a penalty.
Patient Protection and Affordable care act (PPACA)
1992 case in which the U.S. Supreme Court ruled that an employer cannot be compelled to allow nonemployee organizers onto the business property.
Lechmere, INC. V. NLRB
Set of behavioral guidelines that an organization expects all of its directors, managers, and employees to follow, in order to ensure appropriate moral and ethical business standards.
Ethics
U.S. case that set the standard for determining whether discrimination based on disparate impact exists
Griggs V. Duke Power
Landmark 1975 U.S. labor relations case that dealt with the right of a unionized employee to have another person present during certain investigatory interviews
NLRB v. weingarten
U.S. act that amended the Age Discrimination in Employment Act to include all employee benefits; also provided standards that an employee’s waiver of the right to sue for age discrimination must meet in order to be upheld by court
Older Worker Act
U.S. act that protects the employment, reemployment, and retention rights of persons who serve or have served in the uniformed services
Uniformed Services Employment and Reemployment Rights Act (USERRA)
U.S. act that prohibits discrimination against individuals on the basis of their genetic information in both employment and health insurance
Genetic Information Nondiscrimination Act (GINA)
U.S. law that requires federal contractors with contracts of $100,000 or more as well as recipients of grants from federal government to certify they are maintaining a drug-free workplace.
Drug-Free Workplace Act
Injury that results from a work-related accident or exposure involving a single incident in the work environment
Occupational Injury
Principles of conduct within an organization that guide decision making and behavior; also known as code of ethics
Code of conduct
Process by which an organization moves an employee out of an international assignment; can involve moving back to the home country, moving to a different global location, or moving to a new location or position in the current host country.
Redeployment
U.S. act that protects and encourages the growth of the union movement; established workers’ rights to organize and bargain collectively with employers
National Labor Relations Act (NLRA)
Amount of uncertainty an organization is willing to pursue or to accept to attain its risk management goals
Risk Appetite
Legal doctrine under which a party can be held liable for the wrongful actions of another party.
Vicarious Liability
Task force created to define a diversity and inclusion initiative and guide the development and implementation process
Diversity Council
Occurs when sexual or other discriminatory conduct is so severe and pervasive that it interferes with an individual’s performance; creates an intimidating, threatening, or humiliating work environment; or perpetuates a situation that affects the employee’s psychological well-being
Hostile environment harassment
U.S. act that provides individuals and dependents who may lose health-care coverage with opportunity to pay to continue coverage
Consolidated Omnibus Budget Reconciliation Act (COBRA)
Extent to which diversity is embraced in management of people, products/services, and branding
Identity Alignment
Monies sent back home by migrants working in foreign countries
Global Remittances
States that a fiduciary of a plan covered by the U.S. Employee Retirement Income Security Act has legal and financial obligations not to take more risks when investing employees benefit program funds than a reasonably knowledgeable, prudent investor would under similar circumstances
Prudent Person Rule
U.S. act that creates a rolling time frame for filing wage discrimination claims and expands plaintiff field beyond employee who was discriminated against
Lilly Ledbetter Fair Pay Act
Protocol that an organization implements when an identified risk event occurs
Contingency Plan
Procedural document designed to assist employers in complying with federal regulations prohibiting discrimination
Uniform Guidelines on employee selection procedures
U.S. act that prevents private employers from requiring applicants or employees to take a polygraph test for preemployment screening or during the course of employment, with certain exemptions
Employee polygraph Protection Act (EPPA)
Globalization strategy that emphasizes consistency of approach, standardization of processes, and a common corporate culture across global operations.
Global Integration (GI) Strategy
Physical or mental impairment that substantially limits one’s major life activities
Disability
U.S. act that requires some employers to give a minimum of 60 days’ notice if a plant is to close or if mass layoffs will occur
Worker Adjustment and Retraining Notification (WARN) Act
Globalization strategy that emphasizes adapting to the needs of local markets and allows subsidiaries to develop unique products, structures, and systems
Local Responsiveness (LR) Strategy
1971 U.S. case that stated that an employer may not, in the absence of business necessity, refuse to hire women with preschool-aged children while hiring men with such children
Phillips V. Martin Marietta Corporation
Amount of uncertainty that remains after all risk management efforts have been exhausted
Residual Risk
Type of discrimination that occurs when an applicant or employee is treated differently because of his or her membership in a protected class
Disparate Treatment
Uncertainty that has an effect on an objective, where effect outcomes may include opportunities, losses, and threats
Risk
Economic, social, and environmental impact metrics used to determine an organization’s success
Triple Bottom LIne
U.S. act tat established uniform minimum standards to ensure that employee benefit an pension plans are set up and maintained in a fair and financially sound manner.
Employee Retirement Income Security Act (ERISA)
Tool used to gather individual assessments of various characteristics of risk (frequency of occurrence; degree of impact, loss, or gain for the organization; degree of efficacy of current controls).
Risk Scorecard
U.S. act that protects privacy of background information and ensures that information supplied is accurate
Fair Credit Reporting Act (FCRA)
Status of growing interconnectedness and interdependency among countries, people, markets, and organizations worldwide
Globalization
